1. What makes us Americans?
A C L U O F I N D I A N A | A N N U A L R E P O R T 2 0 1 6
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2. BOARD OF DIRECTORS
Terri R. Jett, President, Indianapolis
Andrea Cohen, Vice-President, Indianapolis
Mary Runnells, Secretary, Bloomington
Cris Halter, Treasurer, Indianapolis
Sharon Russell, Affirmative Action Officer, Terre Haute
Vanessa López Aguilera, Indianapolis
Alice Bennett, Muncie
Stephen Briles, Bloomington
Bryan Bullock, Merrillville
Dan Cook, Indianapolis
Georgia Cravey, Indianapolis
Jonathan Elkins, Lafayette
Leonard Goldstein, Fort Wayne
Greg Hasty, Fishers
Pat Helms, Muncie
Larry Hesson, Plainfield
Robert J. Hohl, South Bend
Jeanette Jones, Muncie
Joan Laskowski, West Lafayette
Dorie Hertzel Maryan, Mooresville
Kevin McElmurry, Gary
Mark E. Miller, Evansville
Nancy Papas, Indianapolis
Caroline Richardson, Indianapolis
Anne Riley, Lafayette
Roberta Schonemann, West Lafayette
Jim Spangler, Bloomington
Fran Watson, Indianapolis
Reba Boyd Wooden, Greenwood
Sally Zweig, Indianapolis
STAFF
Jane Henegar, Executive Director
Ken Falk, Legal Director
Gavin Rose, Senior Staff Attorney
Jan Mensz, Staff Attorney
Katie Blair, Director of Advocacy
Kelly Jones Sharp, Director of Communications
& Education
Neil Hudelson, Director of Philanthropy
Leigh Anne Sink, Office Manager
Michael Palmer, Legal Administrator-Paralegal
INTERNS
Chris Callahan
Amy Guillot
Abigail Hays
Kayleigh Long
Kelsie Nagele
Samantha Paul
Chelsea Princell
Kaylee Sink
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3. E Pluribus Unum: Out of Many, One
I
n a country filled with differences,
what makes us Americans? Our
differences cut across culture and
tradition: differences in political viewpoints
and religious beliefs; differences in ethnicity,
nationality and race; differences in gender
and sexual orientation; differences in
income, abilities and geography.
Out of many, how do we become one?
Reconciling our differences and finding
our common purpose as a people and as
a nation has been our persistent challenge
since the founding of this country.
“We cannot however be regarded even at
this time, as one homogenous mass, in
which every thing that affects a part will
affect in the same manner the whole.
In framing a system which we wish to last
for ages, we should not lose sight of the
changes which ages will produce….
How is the danger in all cases of
interested coalitions to oppress the
minority to be guarded against?”
—James Madison, 1787
How do we keep our differences from
dividing us? How do we keep one group
from vilifying and bullying another?
How do we stand up to those who seek their
own security and their own gain or comfort
at the cost of another person’s freedom and
chance at a better life?
We stand up with the U.S. Constitution as
our shield and our sword. As a constant
reminder of our shared core values.
Our defense of Syrian refugees is only the
latest ACLU battle on behalf of those seeking
liberty and a better life. As many times as
our country may fall prey to our individual
fears, the Constitution gives us courage
and strength.
James Madison and his compatriots, as they
drafted our Constitution, aspired to create
a document that would bind us together
by enshrining our shared values and by
empowering us to reconcile our ever-
evolving differences. And, if history and
current events teach us anything, it is this:
What makes us Americans is how we live
with one another’s differences—how we
become one from many.
Making sure every one of us has the full
force and protection of the Constitution
is the work of the ACLU. We seek fair
treatment, freedom and dignity for each
and every one of us. We couldn’t do that
work without you. You stand with us and
with those we represent.
Together we are Americans and we are the
American Civil Liberties Union because
of our faith in the combined strength of
individual freedom.
Thank you.
1
Jane Henegar
Executive Director
Terri Jett
President
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4. January 28, 2016: ACLU of Indiana Legal Director Ken Falk addresses members of the media during a press conference to announce the settlement
of a long-running class action lawsuit on behalf of Indiana Protection and Advocacy Services (IPAS). The agreement with the Indiana Department
of Correction fundamentally transforms the way seriously mentally ill prisoners are treated in state correctional facilities and affects hundreds,
if not thousands, of prisoners in Indiana. These prisoners will receive better access to mental health care and no longer be held in solitary
confinement without treatment. PHOTO: John R. Gentry
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5. W
e live in interesting times.
Never has the importance of the
Bill of Rights, the foundational
document that protects individual liberty,
been so apparent. The fact that this document,
written in a much different time, can be used
to shield and protect Syrian refugees fleeing
unimaginable horror, women seeking to
protect the right to make basic decisions about
their own bodies, mentally ill prisoners who
yearn to be released from the isolation of
segregated confinement, persons seeking to
worship the religion of their choice, same-
sex couples who love each other and want
nothing more than to marry—and countless
others—is remarkable. The fact that the
ACLU of Indiana exists for the sole purpose of
making the promises of the Bill of Rights real
is truly extraordinary. We do not support sides
or positions. We support the Constitution.
And this report gives testament to these efforts.
Elsewhere in this report there is mention of
the fact that September marked 20 years since
I began working at the ACLU of Indiana.
Such a milestone could call for a recitation
of the many cases that I and the other
ACLU of Indiana attorneys have litigated
and won in the last 20 years. But such a
self-congratulatory retrospective would be
contrary to the whole purpose of the ACLU
of Indiana. We may celebrate a victory and
mourn a loss, but we recognize that our work
is to safeguard and protect the Constitution,
and for this we cannot look backward. Instead,
our focus is always on current and future
threats to our rights. Moreover, the important
work we do transcends the individuals who
perform it. We are the ACLU of Indiana.
Having said that, I do want to extend some
thanks. I want to thank the executive directors
with whom I have worked since I started.
They have put up with me and I know that
has not always been easy. They have provided
the structure and framework so we can all
do our work and so we can thrive. I also
wanted to thank all the people with whom I
have worked. We have been, and are blessed,
with great staff attorneys. But, all members
of the staff, from the time I started through
the current time, have always been incredibly
dedicated and committed to what we do.
The attorneys get the credit, but I want to
publicly acknowledge that there are others
who deserve it.
I also want to thank the Board of Directors
who have steered the organization so
admirably. The Board is an eclectic group but
they are united in the dedication with which
they support the Bill of Rights. The same is
true of our members. We are not a law firm
with a small number of lawyers litigating in a
vacuum. We are a membership organization,
and we are keenly aware that there are many
people who follow what we do and proudly
call themselves members of the ACLU of
Indiana. We strive to earn that pride.
I also want to thank our clients. Frequently our
clients come to us recognizing that their rights
are in peril, but they are unable to articulate
how and why. Seeing their enthusiasm and
gratitude when we are able to transform their
feelings into action—whether we win or lose—
still is incredibly rewarding for me.
Finally, on a very personal note (from a
person who never gets very personal) I
want to thank my wife, who has lived with
a public-interest lawyer and all that that has
entailed for 39 years. I would not have the
commitment I have without her commitment.
Well that is it. We will keep up the good work
and I will thank everyone again in 20 years.
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—Ken Falk, ACLU of Indiana Legal Director
We may celebrate a victory and mourn a loss, but we recognize that
our work is to safeguard and protect the Constitution,
and for this we cannot look backward.
We are all protected by the Bill of Rights
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7. The New Colossus
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
Emma Lazarus, 1883
We are a nation of immigrants
I M M I G R A N T s’ R I G H T S
T
he Statue of Liberty holds her
torch high over New York Harbor,
welcoming today’s immigrants just
as she welcomed many grandmothers and
grandfathers who came to this country
seeking the freedom and prosperity a
constitutional democracy affords.
The inscription at her base, a poem by
Emma Lazarus (inset), captures the promise
of America. The broken chains that lie at her
feet represent freedom from tyranny; the
tablet in her left hand—inscribed with the
date of our independence—represents the
rule of law. Her torch has become a symbol
of liberty for all Americans, no matter how or
when we came to these shores.
Over the past year, Syrian refugees and
other immigrants in Indiana and across
the country have been targets of attempts to
preempt federal law and circumvent the U.S.
Constitution. In November 2015, Governor
Mike Pence directed the Indiana Family and
Social Services Administration to stop its
distribution of federal funds to nonprofit
agencies that provide resettlement services to
Syrian refugees. The ACLU filed suit on behalf
of one of these agencies, Exodus Refugee
Immigration, pointing out the harm and
ineffectualness of the state’s discrimination
based on national origin. “There is no border
around the state of Indiana that prevents
people from entering our state who may move
freely within the United States,” said legal
director Ken Falk. The federal government—
not the states—has the authority to make
immigration decisions.
At the end of February, a federal judge ordered
the state to resume payments to Exodus.
The state appealed, and a three judge panel
for the U.S. Court of Appeals for the Seventh
Circuit quickly and summarily upheld the
lower court ruling in favor of the ACLU and its
client. “The district judge granted a preliminary
injunction in favor of Exodus because she
believes it likely to prevail in the trial on the
merits that is the usual next state of litigation
after the issuance of such an injunction.
She was right, and therefore the preliminary
injunction is AFFIRMED.”
The troubling and persistent talk of building
a wall on our border with Mexico, banning
Muslims from entering the United States,
and ordering the mass deportation of 11
million undocumented immigrants requires
our constant vigilance in defense of liberty.
The fundamental constitutional protections of
freedom of religion, due process and equal
protection embodied in our Constitution and
Bill of Rights apply to every person, regardless
of immigration status. The ACLU of Indiana
and national ACLU will continue to ensure
that no person, based on national origin,
religion or immigration status, is the target
of discrimination.
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8. TOP | January 27, 2016: Freedom Indiana supporters gathered at the Indiana Statehouse rotunda to rally against RFRA and for statewide
nondiscrimination protections for LGBT Hoosiers. PHOTOS: John R. Gentry
BOTTOM | April 9, 2016: Opponents of HEA 1337, an anti-abortion bill, rallied outside the Statehouse. Planned Parenthood and the ACLU challenged
the law and prevented it from taking effect on July 1. PHOTOS: Chelsea Hudelson
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9. We speak truth to power
p r o t e s t i n g
T
he right to peaceably assemble and
petition the government for a redress
of grievances is protected by the
First Amendment to the U.S. Constitution.
Americans have exercised these rights
throughout our history, whether to protest
war, gain the right to vote, improve conditions
in the workplace or in housing, or secure
equal rights for women, LGBT people or
African Americans.
The ACLU of Indiana and our coalition
partners have been at the forefront of bringing
Hoosiers together to petition the government
through the power of protest. In January,
we gathered at the Indiana Statehouse to
stop a Super RFRA from taking effect and
to call on lawmakers to pass LGBT non-
discrimination legislation. In April, we joined
forces with supporters of reproductive rights
to oppose HEA 1337, a bill that imposed
unconstitutional restrictions on women
seeking abortions and on their healthcare
providers.
We filed suit in June on behalf of a group that
advocates for the legalization of marijuana,
Higher Society of Indiana. When the group
sought to hold a rally at the Tippecanoe
County Courthouse in Lafayette, county
commissioners denied them access, citing
a “closed forum” policy that allows the
commissioners individually and as a whole to
determine which favored groups have access
to the courthouse and which do not.
We stopped the City of Beech Grove from
censoring online speech of residents seeking
to ask valid questions on the city’s Facebook
page about its crime reporting and its
removal of political yard signs. The
Constitution forbids a city from regulating
content based on a user’s viewpoint.
In October we won a preliminary injunction
in a class action lawsuit against the East
Chicago Housing Authority (ECHA) to stop
warrantless, non-consensual entry into
the homes of residents, including the use of
drug-sniffing dogs in the halls and units of
apartment buildings, saying these searches
violate the Fourth Amendment to the U.S.
Constitution. And we stood up against
ECHA on behalf of residents who were
threatened with eviction for exercising their
First Amendment rights to protest squalid
conditions in public housing.
When Americans speak truth to power, we
can bring to light government overreach and
abuse, and make a real difference in the lives of
people. The ACLU will continue to work daily
to protect these First Amendment rights, which
are fundamental to a functioning democracy.
8
Can speech be restricted just because it is controversial?
No. Any restrictions on speech must apply to all speech regardless of viewpoint.
Do we need a permit to hold a protest?
If you stay on the sidewalks, obey traffic signals, and do not block normal pedestrian movement,
you should not need a permit.
Examples of events that may require permits:
• A march that will block traffic or close streets;
• A rally that uses amplifiers; or
• Group demonstrations at certain parks or plazas.
May I photograph or videotape during protests?
Yes. When you are lawfully in an outdoor public space, you may photograph anything in plain view,
including federal buildings, transportation facilities and police activity. Generally, police may not
confiscate or demand to view your photographs or video without a warrant, nor may they delete your
images. They may order you to cease activities that interfere with law enforcement.
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10. L-R: Former ACLU of Indiana legal interns Matt Hults and Sarah Asrar tweeted us their ballot selfies after voting early in the 2016 Primary Election.
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11. We are a government of the people
V O T I N G R I G H T S
A
merica was constructed as a
representative government.
Though we have stumbled, our nation
continues on its path to a full and vibrant
democracy. The Fifteenth and Nineteenth
Amendments to the U.S. Constitution extended
the right to vote to citizens without regard to
race, color, previous condition of servitude
and sex. But because states possess broad
powers to affect this right, protecting the right
to vote requires vigilance that the ACLU, with
a national office and affiliates in every state, is
uniquely equipped to provide.
“There is no more important right in our
Constitution than that of exercising a
meaningful vote,” said legal director Ken Falk,
in the wake of a Seventh Circuit Court of
Appeals ruling last fall that has implications
in the upcoming election. On behalf of
Common Cause Indiana, we challenged the
constitutionality of a state law that had the
effect of rendering the election of judges in
Marion County a mere formality.
Under the law, each of the major political
parties conducted a primary election at which
each party selected exactly half of the seats to
be filled in Marion Superior Court. Voters in
Marion County who did not cast a ballot in
the primary election had absolutely no say in
electing judges to the Court. Even people who
did vote in the primary election had a say in
only half of the judgeships.
Rendering a judgment in our favor, the Court
concluded: “When an election law reduces
or forecloses the opportunity for electoral
choice, it restricts a market where a voter
might effectively and meaningfully exercise
his choice between competing candidates, and
thus severely burdens the right to vote.”
We also won a favorable ruling in district
court last fall in ICLU v. Indiana Secretary
of State, filed on behalf of ACLU of Indiana
members. This case challenged a state law that
made taking a picture of one’s ballot at the
polls a level six felony. We said, and the judge
agreed, that the law placed content-based
restrictions on speech that violated the
First Amendment.
This country has come a long way since voting
rights were extended only to white male adult
property holders. We’ve passed numerous
constitutional amendments to protect and
expand the franchise, most recently in 1971
giving 18 year-olds the right to vote. We and
the national ACLU will continue to work
tirelessly to ensure voting rights are protected
for everyone.
10
You have the right to vote in Indiana if:
• You are both a U.S. citizen and a resident of Indiana;
• You will be at least 18 years of age on or before the next General or Municipal Election;
• You are not currently in prison after being convicted of a crime;
• You have lived in the precinct where you vote for at least 30 days prior to the election; and
• You are registered to vote.
Source: IndianaVoters.in.gov
Remember
You must take a valid photo ID/driver’s license/proof of residency to the polls on Election Day.
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12. June 30, 2016: ACLU attorneys and PPINK President and CEO Betty Cockrum address the media after a federal judge blocked key features of an
anti-abortion measure. The law, which would have gone into effect July 1, imposed unprecedented, unconstitutional restrictions on women seeking
abortions and on their health care providers. PHOTO: John R. Gentry
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13. We have certain unalienable rights
R E P R O D U C T I V E R I G H T S
W
hen The New York Times
reported in March that Google
searches into self-induced
abortions had risen in the previous year
to more than 700,000, it made a startling
assertion: “[These searches] show a
hidden demand for self-induced abortion
reminiscent of the era before Roe v. Wade.”
The report brought to mind women using
coat hangers and other back-alley methods
to end a pregnancy. In fact, the rise in
searches for DIY abortions, according to
The Times, is correlated with the dwindling
number of abortion clinics per capita.
Then in June came the most significant
abortion-related ruling in more than two
decades. The U.S. Supreme Court in Whole
Woman’s Health v. Hellerstedt struck down
a Texas statute that would have shuttered half
of that state’s abortion clinics. In so doing,
the Court strongly reaffirmed that state or
federal laws that directly or indirectly deny a
woman the right to a safe and legal abortion
violate Constitutional protections of privacy.
On the heels of this historic Supreme
Court ruling the ACLU achieved victory in
Indiana on behalf of Planned Parenthood of
Indiana and Kentucky, when a federal judge
blocked key features of an anti-abortion
measure scheduled to go into effect July 1.
The law would have imposed unprecedented,
unconstitutional restrictions on women
seeking abortions and on their health care
providers. It would have been the strictest
abortion law in the United States, prohibiting
a woman from getting an abortion based
on her reason for doing so. Other parts
of the law that were blocked included a
requirement that women be informed of the
unconstitutional restrictions, and a provision
that required fetal tissue to be disposed of in
the same manner as human remains
Going forward, Whole Woman’s Health v.
Hellerstedt will have a tremendous impact
on legal challenges to abortion laws in
Indiana and across the country, enabling the
ACLU to make much needed progress in
stopping laws that pose an undue burden on
a woman’s right to determine whether and
when to continue a pregnancy.
Working in legislatures and in the courts
Many hospitals, insurance companies, pharmacies and other health care entities receive taxpayer
funding, yet deny women basic care such as birth control, emergency contraception and abortion,
in the name of religion.
The ACLU works in legislatures and in the courts to ensure that women are not denied information
and the health care they need because of the religious views of lawmakers and health care providers.
Anti-choice measures introduced in 2016*
Nationally: 445
Indiana: 9
*As of Aug. 16, 2016
Source: The Guttmacher Institute
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15. Protecting the minority from the tyranny of the majority
James Madison, in drafting the Bill of Rights, said, “…the great object in view is to limit
and qualify the powers of government, …sometimes against the abuse of the executive
power, sometimes against the legislative, and, in some cases, against the community
itself; or, in other words, against the majority in favor of the minority.”
— James Madison, Delegate to the Continental Congress, Member of the U.S. House of Representatives,
Fourth U.S. President. “The Debates and Proceedings in the Congress of the United States,
House of Representatives, First Congress,1st Session,” 1789
We have secured the blessings of liberty
R E L I G I O U S L I B E R T Y
T
he First Amendment to the
U.S. Constitution prevents our
government from telling us how,
where, when, what or whether to worship,
and it ensures that we may worship, or not,
as we please. On the world stage, these rights
have always made the United States a beacon
of liberty. We are protected from religious
persecution, unlike many people in the
world. Yet because of repeated attempts to
force religion into the public sphere, we are
often reminded that religious liberties must
be guarded with vigilance and with a strict
adherence to principle.
When a child in a northern Indiana school
and his father complained of being excluded
from the school’s holiday celebration
because of their religious beliefs, we filed suit
on behalf of them and the Freedom from
Religion Foundation. Each year, Concord
High School stages several performances of
a “Christmas Spectacular,” which concludes
with a 20-minute live nativity scene and
scriptural reading telling the story of the
birth of Jesus Christ. We challenged this
practice for violating the Establishment
Clause. In response to a preliminary
injunction we won, the school made changes
to the program last December. The case is
still ongoing.
In June we negotiated a settlement in a class
action lawsuit on behalf of prisoners within
the Indiana Department of Correction
who require a kosher meal to satisfy their
sincerely held religious beliefs, one of a
number of cases we litigated for the religious
rights of those who are incarcerated.
We settled a case in August on behalf of
a Fayette county woman who challenged
an unconstitutional stop by an Indiana
State Police Trooper who engaged in
proselytizing by asking the woman if she
had been “saved” and giving her directions
to his church.
Our work this year in the Statehouse with
coalition partners prevented the passage
of onerous legislation that would have
permitted the use of religion to discriminate
against LGBT Hoosiers.
We believe, along with many Hoosiers, that
freedom of religion and freedom from
discrimination can coexist. The ACLU has
fought long and hard for religious liberty
for all faiths for nearly 100 years, and we
will continue to fight for these rights in
legislatures and in courts.
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17. The ACLU is a fierce defender of free speech. The marketplace of ideas works only if all voices are heard.
In taking a stand against everyday bigotry, we should always remember that
speaking up and listening go hand-in-hand. What we say matters.
Six steps to speaking up against everyday bigotry
1. Be prepared. Know that bigoted comments or behavior can happen at any time and promise yourself
not to remain silent.
2. Identify the behavior. Tell the person what you heard them say or saw them do, and ask them what
they meant by it.
3. Appeal to principles. Say “I’ve always known you to be a fair-minded person, so it shocks me
to hear you say….”
4. Set limits. Let others know they are not permitted to tell bigoted jokes in your presence
or include you in email chains.
5. Be an ally. Leading by example may inspire others to do the same.
6. Be vigilant. Remember that change happens slowly, but with each small step, change will happen.
- Adapted from: Speak Up! Responding to Everyday Bigotry, Southern Poverty Law Center, 2015
We promote the general welfare
e q u a l r i g h t s
D
enying fair treatment to anyone,
especially those who are most
vulnerable in our society, goes
against our values as Hoosiers and as
Americans. Our work to hold the government
accountable to the Constitutional protections
of everyone, adult and child, is impacted by
state and federal laws.
Extended families have long been crucial to
the proper care and development of children,
particularly when parents are unable to care
for their children themselves. Grandparents
in Greene County who were providing foster
care for their special needs grandchildren
sought to adopt them, but were faced with a
financial dilemma. If they adopted the three
children, who had profound disabilities, the
Indiana Department of Child Services would
severely cut assistance amounts they were
receiving for the children’s care. We filed suit
citing violations of the Social Security Act.
This family would have been unable to
receive the assistance they needed to care
for their grandchildren without our help.
In a case we are pursuing in the Indiana
Court of Appeals, we are challenging DCS
for violating state law by allowing caseloads
to rise far in excess of mandatory state
standards. According to the law, a case
manager who monitors and supervises
active cases of child abuse and neglect may
supervise no more than 17 children at one
time. Our client’s caseload of 43 children
made it extremely difficult, if not impossible,
for her to protect those vulnerable children
and effectively meet all of their needs, even
when she worked significantly more than 40
hours per week.
Following a victory in the Seventh Circuit
Court of Appeals in May, we are in
conversations to settle a lawsuit against
the Indiana Family and Social Services
Administration challenging the way in which
the agency operates two of its Medicaid
waiver programs, the Community Integration
and Habilitation Waiver (CIH) and the Aged
and Disabled Waiver (AD). In late 2012 and
early 2013, FSSA required some Hoosiers on
these programs to switch to other programs
with fewer services. These programs—on
which thousands of Hoosiers rely—offer
services that enable people to live in their
communities even though their disabling
conditions would otherwise require that they
be institutionalized. The inherent dignity of
all people is at the heart of our social justice
work in Indiana and across the country.
We will continue to take a stand for those
who need us most.
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18. September 16, 2016: The ACLU of Indiana and several community partners distributed 1,000 pocket-sized U.S. Constitutions on Monument Circle
in recognition of Constitution Day. PHOTO: John R. Gentry
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19. How to Get Involved
During the 2017 legislative session, which begins in November and ends in April, you can stay
informed about these issues and more by signing up for our email alerts at www.aclu-in.org.
We will send you details of any demonstrations or rallies we are hosting or supporting, and provide
you opportunities and information so you can contact lawmakers and elected officials across the
state about specific bills. Don’t stay on the sidelines! Be part of our efforts.
We’re building strength in
communities around the state
A d v o c a c y
T
he ACLU of Indiana works with
lawmakers and coalition partners to
raise awareness, support community
action, pass legislation that protects
Hoosiers’ constitutional rights and beat
back bad bills that infringe on our rights.
Our leadership role in the state has helped
to catapult important issues to the forefront.
Across the state after last year’s RFRA
debacle, Hoosiers spoke out loud and
clear: people who are lesbian, gay, bisexual
and transgender must be afforded the full
protections of the Constitution under
Indiana’s civil rights law. This year, the
ACLU of Indiana worked again with
Freedom Indiana to push lawmakers to
update Indiana law to protect LGBT
Hoosiers from discrimination. The
coalition worked with community leaders,
lawmakers and grassroots activists to educate
the public about transgender rights and
the need for statewide nondiscrimination
protections.
Activists made 29,000 phone calls and wrote
61,000 letters and emails to lawmakers,
and contributed to countless community
discussions on the need for LGBT people
to be protected in Indiana. As a result of
these conversations, several cities and towns
around the state passed or updated Human
Rights Ordinances to afford LGBT residents
such protections.
Since the passage of RFRA in 2015, we
have helped communities in their efforts
to secure protections for an additional half
a million Hoosiers who are now covered
by a Human Rights Ordinance in their
communities.
But there is still much more work to be
done to ensure that everyone can be free of
discrimination in housing, employment and
public accommodations. The groundwork
we laid is vital to continued efforts in the
General Assembly to update state law to
protect LGBT Hoosiers.
Many people have questions and concerns
about their constitutional rights when
engaging with law enforcement. The ACLU
of Indiana has emerged as a trusted expert
on this topic, responding to requests from
a number of organizations and community
groups across the state for “know your
rights” training. As part of the Race and
Cultural Relations Leadership Network, we
meet monthly with community leaders to
discuss racial justice issues.
We formed new partnerships with
organizations around the state advocating
for redistricting reform. As a member
of the Indiana Coalition for Independent
Redistricting, we attended numerous
community meetings and committee
meetings at the Statehouse, urging our
legislature to put an end to gerrymandering.
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20. July 7, 2016: Panelists for discussion on racial justice and policing before a film screening of “Straight Outta Compton,” L-R: Joseph Lennis Tucker
Edmonds; Marc Williams, a.k.a. “Mr. Kinetik,”; Ariana Beedie, a.k.a. “Ari Attack,”; LaWanda W. Ward; Martin V. Whitfield.
PHOTO: John R. Gentry
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21. 2017 First Wednesdays
Here are the dates of our First Wednesdays community conversations for next year.
Please follow our social media and visit aclu-in.org to learn more!
• February 8, 2017 – Butler University, Indianapolis (as part of Founders’ Week, will be held
on the 2nd Wednesday)
• April 5, 2017: East Chicago
• June 7, 2017: Fort Wayne
• September 6, 2017: New Albany
• November 1, 2017: Bloomington
Topics will be announced at aclu-in.org.
We’re working across Indiana to bring
you the conversations that matter
e d u c a t i o n
T
his summer in the midst of national
tragedy, the ACLU of Indiana
brought together a broad coalition
of community partners to have a thought-
provoking conversation about racial justice,
policing and free speech. More than 350
people attended our panel discussion on
racial justice and screening of the film
Straight Outta Compton, held at the
Indianapolis Museum of Art on July 7 in
the wake of the killings of Alton Sterling
in Baton Rouge and Philando Castile in
Minneapolis, and on the eve of the shootings
of five police officers in Dallas.
Our panel was moderated by the late Pastor
Michael K. Jones of WTLC A.M. 1310,*
and our partners included the Indianapolis
Museum of Art, Indy10, Greater Indianapolis
NAACP, IUPUI Department of Africana
Studies, LaShawnda Crowe Storm and the
Lynch Quilts Project, and hip-hop radio
station Boom 102.9.
Conversations such as this one are critically
important in this moment. Excessive use
of force against people of color has been a
fact of life in many communities for decades,
accompanied by mass incarceration,
lack of opportunity, and other products
of discrimination. Yet solutions to the
entrenched problems of inequality remain
elusive. Fairness and justice demand that
we all work to end racial profiling and the
epidemic of police violence against people of
color, whether or not we see this violence in
our own communities.
Our statewide First Wednesdays lunchtime
panel discussions are another important
means of reaching Hoosiers on critical
issues. In 2016, we brought discussions
about racial justice, campus speech and
transgender rights to Butler University in
Indianapolis and to the communities of
Evansville, South Bend and West Lafayette.
We hold our final panel discussion of the
year on November 2 in Indianapolis.
*All of us at the ACLU of Indiana were shocked
and deeply saddened by the sudden death of Pastor
Jones at age 52, mere weeks after our Compton
event. His voice in the Indianapolis community will
be greatly missed.
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22. Happy Constitution Day! The ACLU of Indiana would like to thank members of our board, volunteers and these community partners: Exodus
Refugee Immigration Inc., Freedom Indiana, Greater Indianapolis NAACP, Immigrant Welcome Center, Muslim Alliance of Indiana, Planned
Parenthood of Indiana and Kentucky and the Indianapolis Jewish Community Relations Council for helping us distribute 1,000 pocket-sized
U.S. Constitutions on Monument Circle on Sept. 16. PHOTO: John R. Gentry
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23. We’re forging ahead toward
a more perfect union
a l o o k a h e a d
Abortion Rights: We remain vigilant in
our opposition to Indiana laws that unduly
burden a woman’s right to determine
whether and when to continue a pregnancy.
Going forward, the Supreme Court ruling,
Whole Women’s Health v. Hellerstedt, could
strengthen our federal lawsuits challenging
Indiana laws that pose an undue burden on a
woman’s right to a safe and legal abortion.
Immigration: Government may not target
a single nationality, impose a complete
shutdown of Muslims entering the United
States or order the mass deportation of 11
million undocumented people in the United
States. We will continue to defend Syrian
refugees and others who are targeted for
discrimination on the basis of their religion,
ethnicity or country of origin.
LGBT Rights: In many communities,
hardworking gay and transgender people can
be denied a job, evicted from their apartment
or refused service by a business just because
of who they are. While some people try
to evoke fear and excuse discrimination
under the guise of religious freedom, we
assert that freedom of religion and freedom
from discrimination, both protected by the
Constitution, can coexist. We will not rest
until full rights and protections are realized
for all Hoosiers and all Americans.
Prisoner Rights: A measure of our
humanity is our treatment of those who
are incarcerated. We will continue our
round-the-clock efforts to monitor the
treatment of prisoners in state facilities and
local jails, including overcrowding, mental
health treatment, punitive or unnecessary
solitary confinement and infringements on
First Amendment rights of free speech and
religious liberty.
Racial Justice: More than 200 years after
the United States of America created a bold
vision for itself, that “all men are created
equal,” the dream of full equality remains an
elusive one. The work of the ACLU across
dozens of issues often intersects with our
work in racial justice. These challenges are
steep, but as Americans, we are united by
the rule of law and an unquenchable thirst
for justice.
Surveillance National Security:
Technology continues to provide new
challenges to Fourth Amendment
protections against unreasonable searches
and seizures. If a president were to
act unilaterally or convince Congress
to implement a surveillance program
of Muslims or to authorize the use of
waterboarding, as has been proposed, the
ACLU would be ready to take action. We
cannot abandon the rule of law and our own
humanity out of fear.
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24. Honoring Ken Falk’s 20 years
at the ACLU
T
he day after 22 year-old Ken Falk
graduated from Columbia Law School,
he packed up his car, drove to Muncie,
Indiana, and started a career defending and
advancing the rights, freedom and dignity of
all individuals. Thus launched a path that in
1996 brought Ken to the ACLU of Indiana
where as legal director he has served the
needs of countless individuals and groups
with wit, wisdom and brilliant litigation in
courts of law in Indiana as well as the U.S.
Court of Appeals for the Seventh Circuit and
even the U.S. Supreme Court.
In celebration of the 20th Anniversary of Ken
Falk’s leadership as legal director of the ACLU
of Indiana, the Constitutional Law Forum
was created this year as an opportunity for
lawyers to gain insider knowledge of the
headline-generating work of Ken and his team
and participate in the broader discussion of
contemporary civil liberties issues.
At the formal launch of the forum, retired
Federal Court of Appeals Judge John Tinder
talked with Ken about Freedom of Speech
in challenging times. Judge Tinder opened
the conversation by recognizing Ken’s 20th
anniversary as Legal Director for the ACLU
of Indiana. Reflecting on the quality of Ken’s
advocacy and his civility toward all, both
of which make having him in one’s court a
pleasure, Judge Tinder continued, “Ken Falk
is a gift to judges in Indiana.”
Through his early work at Indiana Legal
Services and during the last 20 years leading
the ACLU of Indiana’s legal department,
Ken has been a tireless advocate for the
marginalized and a voice for the voiceless.
He has improved people’s lives and shaped
the law. And he has done all this while
earning the respect and admiration of the
legal community.
22
1. ACLU Staff under executive director Sheila Suess Kennedy (1992–1998): “The best decision I made during my time as executive director of Indiana’s
ACLU was to hire Ken Falk as the affiliate’s legal director.… [Ken is] a thoroughly kind, empathetic and modest person who consistently applies his
formidable legal skills and incredible work ethic to pursuing that elusive thing called justice.” 2. Ken circa. late 1990s. 3. Ken at IPAS Press Conference,
January 2016. PHOTO: John R. Gentry
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25. Constitutional Law Forum
Don Lundberg, Barnes Thornburg LLP
Steering Committee Co-chair
Sally Zweig, Katz Korin, PC
Steering Committee Co-chair
23
Constitutional Law Forum Steering Committee
Jessie Cook, Law Offices of Jessie A. Cook
Ron Elberger, Bose McKinney Evans LLP
Julia Gelinas, Frost Brown Todd LLC
David Herzog, Faegre Baker Daniels LLP
Brenda Horn, Ice Miller LLP
Sheila Suess Kennedy, IUPUI
Mark Miller, Bowers Harrison LLP
Bill Moreau, Barnes Thornburg LLP
George Plews, Plews Shadley Racher Braun
Chris Scanlon, Faegre Baker Daniels LLP
Richard Shevitz, Cohen Malad, LLP
Tom Funk, Krieg DeVault LLP
“In a very real sense, Ken Falk and the ACLU of Indiana do not represent individuals or corporate entities, but instead the
Constitution of the United States. There is no more important role lawyers play in our system of justice than protecting and
preserving our constitutional rights, and Ken has been the champion of those rights for 20 years.”
—Richard Kiefer, Partner, Bingham Greenebaum Doll LLP, Constitutional Law Forum Lifetime Member
L
awyers who join the Constitutional
Law Forum support Ken Falk and
the ACLU of Indiana’s targeted and
strategic work in defending and expanding
our rights and liberties. Members of the
CLF participate in biannual civil liberties
discussions on challenging constitutional
issues of our time, such as the conversation
with Judge Tinder, and receive numerous
benefits including advance invitations
to important ACLU hearings, legislative
briefings from ACLU of Indiana staff and an
inside look at key national ACLU cases.
Law firms that sponsor the Constitutional
Law Forum receive numerous benefits
commensurate with their level of support,
including memberships in the CLF for the
firm’s lawyers, free admission to ACLU of
Indiana continuing legal education (CLE)
programs and sponsorship recognition on our
website and in our annual report.
A special thank you to Barnes and Thornburg
for being an inaugural sponsor of the
Constitutional Law Forum.
If you are a lawyer interested in joining
the Constitutional Law Forum, or a firm
interested in sponsorship, and you would
like more information, please contact
Neil Hudelson at nhudelson@aclu-in.org or
317-759-6421.
The Constitutional Law Forum is made possible
by a gift from the Glick Fund,
a fund of the Central Indiana
Community Foundation.
Now through December 31, 2016,
the Glick Fund is matching
dollar-for-dollar
every new membership contribution
to the Constitutional Law Forum.
Some restrictions do apply.
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26. 2016 Financials
The ability of the ACLU of Indiana to defend and advance civil liberties depends on the financial support of our donors. Thank you.
Contributions to the ACLU of Indiana Foundation are tax deductible. Combined budgets for the ACLU of Indiana, a 501c(4) tax-exempt
nonprofit organization, and the ACLU of Indiana Foundation, a 501c(3) tax-exempt nonprofit organization, for the last fiscal year ending
March 31, 2016. Audit statements are available from the ACLU of Indiana office.
Revenue Support
Fundraising, donations, and event income: $364,050
Other income: $305,783
Membership income: $99,446
Total Revenue: $769,279
Expenses
Legal: $453,310
Advocacy, Communication Education: $250,171
Management General: $253,166
Fundraising: $87,233
Total Expenses: $1,043,880
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27. Thank You
T
he ACLU of Indiana’s work is made possible by the support of thousands of individuals throughout Indiana who care passionately about
a just and free society. For more than 60 years in Indiana, and nearly 100 years nationwide, the ACLU has been our nation’s guardian of
liberty, working in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed by our state’s
and nation’s Constitutions and laws.
The ACLU is nonprofit and nonpartisan. We do not receive any government funding. Contributions from individuals, grants from private
foundations and member dues support our work. A special thanks to the following foundations and firms who have gone above and beyond by
sponsoring the ACLU of Indiana:
VOLUNTEERS
The work of the ACLU of Indiana would not be possible without the support of many dedicated volunteers and members who give their time
and talent to the organization. THANK YOU!
Sarah Asrar, Legal Intake
Rae Baskin Esther Fuller, Events
Ann Pierson D’Angelo, Legal Intake Events
Roger Frick, Legal Intake Events
John R. Gentry, Photography
Annie Hostetter, Office Administration
Jessie Howenstine, Legal Intake
Chelsea Hudelson, Photography
Amber Kline, Communications
Jessica Mardini, Legal Intake
Jack Quigley, Legal Intake
Sheila Willard, Legal Intake
Everyone can be a champion for liberty and justice. If you would like to discuss how your donation, sponsorship or planned gift can make a
lasting difference, or if you would like more information on the benefits of becoming a sponsoring organization, please contact Neil Hudelson at
nhudelson@aclu-in.org.
Annual Report designed by Pam Fraizer, FraizerDesigns, LLC
The Annual Report is a joint publication of the American Civil Liberties Union of Indiana and the American Civil Liberties Union of Indiana Foundation. The report
refers collectively to the two organizations as the ACLU of Indiana.
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28. 1 0 3 1 E AST WAS H I N G T O N ST R E E T | I N D I A N AP O L I S , I N 4 6 2 0 2 - 3 9 5 2
w w w . a c l u - i n . o r g • @ a c l u i n d i a n a
What makes us Americans?
The same values that make us Hoosiers
Happy Bicentennial! In June 1816, 43 delegates representing counties in the Indiana Territory met inside
the Harrison County Courthouse in Corydon, Ind., to draft the Constitution of the State of Indiana.
These delegates often met under a giant elm tree since referred to as the Constitution Elm to escape the summer heat.
Photo has been digitally enhanced to appear as a color photo. PHOTO: Indiana Historical Society
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